WASHINGTON — A Donald Trump fan from Texas who tried to storm the U.S. Capitol while armed with a gun was sentenced to more than 7 years in prison on Monday after a judge denied the Justice Department's request for a "terrorism enhancement" that would have resulted in a lengthier prison sentence.
Guy Reffitt was the first Jan. 6 defendant to go to trial. Reffitt's own son actually tipped off the FBI a couple of weeks before Jan. 6 but didn't hear back until after the attack. The government had an enormous amount of evidence against Reffitt, including his friend's testimony that Reffitt was carrying zip ties and that the duo had made a decision to carry guns because they'd rather be "tried by a jury of 12 than carried by six."
Reffitt was convicted on five counts in March, including transport of a firearm in support of civil disorder and obstruction of an official proceeding, although he did not make it inside the Capitol or use physical violence because he was eventually incapacitated after charging the police line.
Judge Dabney L. Friedrich, sentenced Reffitt to 87 months in prison, three years of probation, $2,000 in restitution, and mandatory mental health treatment.
“Under no legitimate definition of the term patriot does Mr. Reffitt’s behavior on and around January 6 fit the term," Friedrich said.
What Reffitt and others did that day was the “antithesis” of patriotism, Friedrich said.
In court Monday, Reffitt described himself as "a f---ing idiot" and was “not thinking clearly" when he tried to storm the U.S. Capitol.
“I clearly f---ed up,” Reffitt said.
“I did want to definitely make an apology, multiple apologies really, and accept my responsibility because I do hate what I did," he said.
Reffitt, who was a member of the Texas III%ers, told the judge that he no longer want to associate with militia groups or “or any stupid s--- like that.”
Friedrich, a Trump appointee and a former member of the U.S. Sentencing Commission, said that giving Reffitt a sentencing enhancement for carrying a gun during the commission of a crime and for committing a crime of domestic terrorism would create a sentencing disparity with other Jan. 6 defendants.
“There are a lot of cases where defendants committed very violent assaults and even possessed weapons ... that did not receive this departure,” Freidrich said.
Prosecutors had argued that the upward departure for terrorism was warranted because Reffitt was “planning to overtake our government.”
“He wasn’t done,” said Assistant U.S. Attorney Jeffrey Nestler said. “Jan. 6 was the preface.”
“We do believe that what he was doing that day was terrorism, we do believe he is a domestic terrorist," Nestler continued.
Reffitt wore a camera on his body that recorded his violent rhetoric during the Trump rally that preceded the riot.
“I’m taking the Capitol with everybody f---ing else,” Guy Reffitt said in his own recording, as “Tiny Dancer” played at Trump’s Jan. 6 rally. “We’re all going to drag them motherf---ers out kicking and screaming, I don’t give a s---. I just want to see Pelosi’s head hit every f---ing stair on the way out, and Mitch McConnell too, f--- ‘em all... It’s time to take our country back... I think we have the numbers to make it happen.”
He also recorded a Zoom meeting on his computer where he talked extensively about his actions on Jan. 6.
